Dispute Resolution (Institutional Recommend 3)

Action

Implement a dispute resolution process similar to the CRFMP and FERC agreements, under the continuing jurisdiction of the federal district court, that addresses public lands and water project management as a means to support PST, CRFMP, FWP, and ESA rebuilding goals for the implementation of treaty fishing rights.

Federal hydro operations, and structural modifications as well as public lands management are not subject to an authoritative basin plan nor a dispute resolution process to resolve differences. The parties to IDFG v. NMFS are negotiating a resolution to the issues of the case and have an opportunity to develop a plan and dispute resolution mechanism under the auspices of the federal courts. The dispute resolution process utilized for mid-Columbia P.U.D. dams is a model in this regard. In the alternative, federal hydro projects could be subjected to the FERC process either by legislation or through the sale of the projects to public or private utilities.

With regard to public lands, the parties to U.S. v. Oregon including the states and the United States, must act soon to replace the CRFMP which expires in 1998. These negotiations must address public lands management and dispute resolution under the habitat provisions of the CRFMP or develop a parallel mechanism.